Your Rights when a Bailiff Visits

Hopefully the day will never come when your financial problems become so bad that bailiffs will be used to recover bad debt. There are options such as an individual voluntary agreement (a so-called IVA), or even bankruptcy, which allow you to keep your possessions if you act early enough.

Nonetheless, it’s probably worth you preparing yourself for such a nightmare, and in this article we present a summary of your rights under the law as it stands in the UK at this time.

Bailiffs will try to enforce orders made by the courts to collect monies owed in the form of assets against debt, but only when the courts believe there is a realistic prospect of recovering owed funds. These enforcements are often made by visits to your home. They will try to collect cash, credit card payments (with a handling fee), and ultimately goods in lieu of monies, on behalf of their creditors.

Usually, bailiffs only have the right to gain entry into your home by “peaceful means”. One exception would be bailiffs acting on behalf of Customs and Excise, who in extenuating circumstances, can apply for a warrant to force entry.

However, in matters relating to debt, they very rarely have the right to force their way into your home, if you have consistently refused them entry. Indeed, you can call the police if you feel they are trying to do so.

They are permitted to enter through an open door or can even climb through an open window. Of course they can gain entry by invitation. It should be stressed though, once you have allowed a bailiff to enter your home, he or she may subsequently re-enter at any time, using force if necessary. So you should be wary of any attempts at entry such as “it’s raining – can we discuss this inside?” By all means make them a hot cup of tea and give them an umbrella if you wish, but once they have gained access to your home – they are in for good.

Once inside they are allowed to remove items for sale, or to mark them for future sale, as and when they return. Since the items they seize will usually sold at auction to the highest bidder, they will often target consumer items with a high resale value, but they are not allowed to remove items that could affect your prospects for employment, such as tools, or property that you need to live including clothes, basic furniture, or cookers.

If you have invited them into your home, there are some advantages in that they may offer you a “walking possession agreement” for which items can remain in your home as long as you keep making repayments. Furthermore, you can be given five days to pay off the debt, after the goods have been seized.

Finally, if you have children in the home, bailiffs are strictly restricted in their access rights. If an under-18 is at home alone, i.e. there are no other adults present, then they must leave.

If an under-12 is at home, then a bailiff cannot enter, regardless of whether or not an adult is present.

If bailiffs fail to gain entry, they will report back to their referring authority (eg the courts, or a local authority), or may call back later if they are acting for a private creditor. Even at this late stage, you can still call your creditors or the courts, and often come to an agreement that would avoid further visits.

Legislation surrounding bad debt in the UK is quite complex, with key differences between England and Scotland, for example. Hence, these comments should only be read as a review guide only. However, when a bailiff calls, you have more rights than you might think.

Of course the best thing would be to avoid the scenario completely. Work with a debt professional who can help negotiate an IVA, or even look at bankruptcy for you as an option. And of course when seeking debt advice; it’s always better to act sooner rather than later.

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